Information newsletter
Issue 5(17), May 2005

Is Future Government Going to Grant the Access to Information in Bulgaria?
Diana Bancheva, AIP

Too many promises are being made by the politicians before the general elections on 25 June 2005. Too many aims to achieve are found in the pre-election programs. The undecided voters are still swaying amongst the different perspectives on the future the contesting politicians have set forth. In the list of promises about economic and agricultural reforms; changes in the judicial system, social policy and education; protection of environment; independent local authority; efficient anti-corruption programs and working institutions, what is the number of promises for the real guarantee of open and transparent government—free access to information?

Though the current government should have learned well its obligations under the Access to Public Information Act, the election platform of National Movement Simeon II fails to ensure future fulfillment of these obligations. From the pre-election proposals of the party, it turns out that the “further introduction of contemporary standards for institutional transparency and publicity is a necessary requirement for European integration.”¹ Are these standards going to be promoted merely due to Bulgarian engagements with the European Union? If this is the case, the people who adopted the Protection of Classified Information and the Protection of Personal Data Acts during their term of government could hardly satisfy the information requirements of Bulgarian society. After flipping through the pages of pre-election objectives, a question inevitably emerges: How could freedom information as a human right be guaranteed by the vague proposal of “establishment of an administrative procedure for maintenance of public registers of legal and physical entities?” Would that measure provide for the building of administrative capacity and promotion of political will necessary for such a procedure to be meaningfully used?

Regarding human rights, all contesters for the state power on 25 June have mentioned “rights” in their election programs. The Bulgarian People’s Union gives guarantees for the development of civil society by “protection of human rights…” They do not bother to specify the means though. They just say that if they won the elections, Bulgarian People’s Union would “establish a municipality administration that would serve the interests of citizens.” Let us remind the esteemed politicians that the access to information is not a simple provision of administrative services. Access to information is a human right that guarantees civil participation in the decision-making process and is one of the basic principles of the democratic society. This does not seem clear to most Bulgarian political leaders.

In their “Charter of Bulgarian Citizens’ Rights,” the United Democratic Forces (UDF) have missed to mention the “right of…” access to information, too. Yet, if UDF took charge of state government, they would carry out one of their agrarian reforms through “the improvement of access to information by the establishment of an online cadastre.” In their program, the UDF promise, “every piece of legislation to be drawn up with the participation of all interested parties and ascertained independent experts.” Unrestricted access to the process of decision making for interested parties and the media would be further guaranteed by the establishment of commissions and forums at every ministry. All registers and state expenses would be published on the Internet and free access to the online version of the State Gazette would be granted. UDF would fight corruption by implementing “European standards of transparency.” The UDF promise to give “a legal definition and optimal restriction of the implementation of the administrative secret.” This final plan forms the only specific promise related to access to information and the enhancement of civil control mechanisms.

Like UDF, Democrats for Strong Bulgaria (DSB) promise to “establish a unified electronic system that would serve all institutions of the executive branch at central and local level.” DSB say they would invite NGOs to take part in the decision making process in order to grant expert opinion and civil control. Such improvements inevitably necessitate increasing the level of information among citizens and enhancement of the guarantees for access to information. Certain measures should be taken, as it has been already noted, for safeguarding the public participation and control over the work of the institutions. Yet, DSB draw another perspective for the improvement of access to information provision—establishment of “consultancy bureaus at the administration structures, where assistance would be provided for the submission and issuing of documents, samples, and applications.” Finally, the fulfillment of DSB’s promise to declassify the documents of the former State Security Services, the Investigation Agency and the General Staff giving them to the State Archive, would solve one of the principal conflicts regarding the access to information in Bulgaria in political and historical aspect.
From the pages of their election program, the Bulgarian Socialist Party invokes for publicity of the “activities of all state institutions, including government acts and acts of the President, which do not contain state secrets,” in order for citizens’ constitutional right of access to information to be guaranteed. With this statement, their specific promises for access to information rights have been exhausted.

The New Time Party also has faith in human rights. Their election platform contains intentions for wider access to information, more efficient parliamentary control, and more active participation in public life and government, as guarantees for citizens’ trust and the development of the society. According to the New Time, “every citizen should be informed about the way their taxes have been spent, and how the state and municipality properties are managed.” New timers, however, do no specify on the means by which they would achieve their intentions if they got hold of power. Nor do they explain their failure to follow through on their initiative for Access to Public Information Act amendments in 2001.

The Movement for Rights and Freedoms (MRF) foresees the building of administrative capacity for information management only in relation to the assimilation of EU resources (the agrarian funds, especially). MRF promises reforms that would guarantee other rights, which are of no less importance. Access to information is not among them though.

Transparency in the allocation and spending of EU pre-accession funds is by all means necessary. It is also clear that some political parties have interest in the declassification of former State Security Services Archives, while others persistently attempt to avoid that danger. It has not become clear, though, precisely how the nominees for the current government term would improve the state of access to information in Bulgaria. What exactly are the European standards they talk about and how would these be promoted? Idle talk and abstract promises dilute the objectives presented in all of the election programs. It is apparent, furthermore, that Bulgarian politicians are not acquainted with the obligations stipulated by the APIA. It is also obvious that political leaders are paying little attention to the recommendations given by Access to Information Programme in the 2004 Annual Report on the Access to Public Information in Bulgaria. These future state rulers have not considered in their election programs the guarantee for the access to information—the primary condition for the achievement of transparency in government and the exercise of civil control over the work of the institutions.

1. All quotations are taken from the platform published on the web site of the respective political party.